§ 12-28-3 - General rights.
SECTION 12-28-3
§ 12-28-3 General rights. – (a) Each victim of a criminal offense who makes a timely report of the crimeand who cooperates with law enforcement authorities in the investigation andprosecution of the offense shall have the following rights:
(1) To be notified no less frequently than every three (3)months by law enforcement authorities of the status of the investigation, untilthe time that the alleged perpetrator is apprehended or the investigationclosed. In the case of a criminal offense that results in the victim's death,the law enforcement authorities shall provide notification to a designatedfamily member of the victim;
(2) To be notified by law enforcement authorities of thearraignment of the alleged perpetrator before a court empowered to set bail;and to be informed of the release of the alleged perpetrator on bail orpersonal recognizance;
(3) To receive protection from harm and threats of harmarising out of the victim's cooperation with law enforcement and prosecutionefforts, and to be provided with information as to the means of protectionavailable;
(4) To be notified of all court proceedings at which thevictim's presence is required in a reasonable amount of time prior to theproceeding, and to be notified of the cancellation of any scheduled courtproceeding in sufficient time to prevent an unnecessary appearance at thecourthouse;
(5) To be provided, whenever feasible, with a secure waitingarea during court proceedings that does not require the victim to be in closeproximity to the defendant and the family and friends of the defendant;
(6) To be informed of the procedure to be followed in orderto apply for and receive any witness fee to which the victim is entitled;
(7) To be provided with appropriate employer intercessionservices to ensure that the employer of the victim will cooperate with thecriminal justice process in order to minimize the employee's loss of pay andother benefits resulting from court appearances;
(8) To have any stolen or other personal propertyexpeditiously returned by law enforcement agencies when no longer needed asevidence;
(9) To be informed of financial assistance and other socialservices available to crime victims and the manner of applying for them. Alleligible victims shall be informed of the existence of the criminal injuriescompensation fund and the manner of applying for it;
(10) To be consulted by the administrator of probation andparole in the course of his or her preparation of the presentence report onfelony cases and to have included in that report a statement regarding theimpact which the defendant's criminal conduct has had upon the victim;
(11) To be afforded the right to address the court prior tosentencing in those cases where the defendant has been adjudicated guiltyfollowing a trial;
(12) To be informed of the disposition of the case againstthe alleged offender;
(13) To be notified in felony cases whenever the defendant orperpetrator is released from custody at the adult correctional institutions.When release is ordered prior to final conviction, it shall be theresponsibility of the governmental entity having final responsibility for thedefendant's supervised custody to give notice to the victim. When release isgranted by parole, the notice to the victim shall be given by the parole board.In all other cases when release is granted, the notice to the victim shall begiven by the department of corrections. Victims who wish to be notified by thedepartment of corrections shall register their names and the addresses theywish the notices to be sent with the department of corrections. Department ofcorrections notification shall also include furlough, transfer out of state,escape and death;
(14) To be afforded the opportunity to make a statement, inwriting and signed, regarding the impact which the defendant's criminal conducthad upon the victim. The statement shall be inserted into the case filemaintained by the attorney general or prosecutor and shall be presented to thecourt for its review prior to the acceptance of any plea negotiation. Thestatement shall be submitted to the parole board for inclusion in its recordsregarding the defendant's conduct against the victim; and
(15) To be informed by the prosecuting officer of the rightto request that restitution be an element of the final disposition of a case.
(b) The rights afforded to the victim of a crime by thissection shall be afforded as well to the immediate families of homicide victims.
(c) Unless otherwise specified, in felony cases it shall bethe responsibility of the attorney general and the victims' services unit asdescribed in § 12-28-9 to make certain that the victim receives thenotification that is required by this section. In misdemeanor cases, it shallbe the responsibility of the law enforcement agency making the arrest and ofthe victims' service unit as described in § 12-28-9 to make certain thatthe victim receives the notification that is required by this section.